Smart Shopping List - Fooder

Terms of Use & Privacy Policy

Effective: 13 February 2017

Smart Shopping List - Fooder (hereinafter the “Fooder”) is an app and service provided by BAData creative studio (hereinafter the “BAData LLC”) in Ukraine. By using Fooder the user (hereinafter the “user”) confirms to have read and understood these terms of use and agrees to them.

  1. Basic Terms
    1. Fooder is made available to the User free of charge. Some features of Fooder, however, may only be available via subscription or purchase with costs. In order to use all features of Fooder, the registration as a User with a user account including a username and a valid email address as well as access to the Internet may be necessary.
    2. Fooder is partially provided via App Stores and their associated infrastructure, for example Google Play Store. The User shall use such App Stores independent from BAData LLC and the respective Terms of Use shall apply.
    3. For some features, Fooder will have to access contacts, photos, location information and further data on the User’s smartphone which Fooder might only be able to access with the express consent of the User. Such access allows the User for example to add a profile picture to his/her user profile or share shopping lists with contacts from his/her address book. Depending on the operating system used, the User must expressly confirm such access, if applicable, or can expressly block the access for Fooder.
    4. Fooder allows for sending messages between Fooder users and to third parties, including email messages. The User expressly agrees to receive such messages and undertakes not to send any messages via Fooder which violate any laws as well as not to cause others to send such messages. BAData LLC shall be entitled to contact the User with messages via Fooder or email at any time.
    5. With regard to user content subject to intellectual property rights, the User shall expressly grant BAData LLC a royalty-free, sublicensable, non-exclusive and worldwide license to use such content in connection with Fooder subject to mandatory legal provisions.
    6. BAData LLC shall endeavor to ensure a high availability and reliability of Fooder (“best effort”). However, BAData LLC can expressly not guarantee that Fooder or individual features of Fooder are continuously, at any time and/or fully available. BAData LLC recommends the User to perform a regular data backup of his/her smartphone including Fooder.
    7. The User shall not be legally entitled to use Fooder. BAData LLC may discontinue its providing of Fooder or exclude the User from using Fooder at any time without stating any reasons. BAData LLC may change Fooder at any time without stating any reasons, in particular with regard to paid functionalities, if any.
  2. Privacy
    1. BAData LLC and Fooder shall be subject to Ukrainian data privacy laws.
    2. Data in connection with Fooder including personal data (hereinafter “Data”) will on the one hand be stored and processed on the smartphone of the User and on the other hand in the FASTVPS EESTI OU (hereinafter “FASTVPS”) in the Estonia. The transmission of the corresponding Data will be encrypted. For details regarding the FASTVPS, please refer to the corresponding Agreement of FASTVPS.The User expressly agrees to the processing of his/her Data.
    3. In connection with Fooder, in particular the following data can be stored and processed in the FASTVPS: Shopping lists and their contents, for example article names; information on user accounts such as username, email address, profile picture, country, language, user ID and the password in encrypted form; information on the smartphone used and the Internet connection used such as device ID (“device token”) and IP addresses; user settings; information on invitations to other Fooder users, email notifications and other messages, for example email addresses of the sender and recipient and the status of messages; information regarding the current location of the smartphone used, for example current geographical coordinates or data regarding shops nearby; information in connection with paid features, if any, for example the App Store used and the expiration of subscriptions.
    4. For the purpose of continuous improvements, BAData LLC analyses the use of Fooder with Google Firebase, which is provided by Google, Inc. (hereinafter “Google”) in the USA. The analysis takes place in anonymised and aggregated form, i.e., BAData LLC does not relate the results to individual users. The transmission of the corresponding data, including personal data and IP addresses, among other things, is encrypted. For details regarding Google Firebase please refer to the corresponding privacy policy of Google. The user expressly agrees to the processing of his/her data.
    5. FASTVPS and Google have committed to warranting a reasonable level of privacy which is similar to the Ukrainian data privacy laws.
    6. Fooder Is partially provided via App Stores and their associated infrastructure, among others for push messages to the User as well as the billing and management of paid features. The User shall use such App Stores independent from BAData LLC and the respective Privacy Policies shall apply.
    7. Subject to mandatory legal provisions, personal data will exclusively be used by BAData LLC in connection with the provision of Fooder as well as for the operation of the corresponding infrastructure.
    8. Non-personal Fooder usage data may be shared by Fooder with selected partners. Such data will be shared only in aggregated and anonymized form or by using non-personal advertising identities without any direct relation to identified or identifiable individual Fooder users.
  3. Limitation of Liability
    1. Subject to mandatory legal provisions, BAData LLC shall not assume any liability for direct or indirect damage caused by the use of Fooder or in connection with Fooder.
    2. In the case of violations of these terms of use and in the case of violation of rights and corresponding claims of third parties, the User shall expressly indemnify BAData LLC from any liability and shall be liable for damages vis-à-vis BAData LLC to the full extent.
  4. General terms
    1. BAData LLC may change these terms of use at any time. The User will be informed about such changes in a suitable manner. The User may discontinue the use of Fooder at any time. By continuing the use of Fooder after changes of these terms of use have been notified, the User shall expressly consent to such changes.
    2. Subject to mandatory legal provisions, the use of Fooder shall be exclusively governed by Ukrainian laws.